Can I get a divorce if my spouse has converted to another religion?

Question

My spouse converted to another religion after our marriage without my consent. Can I file for divorce on this ground? What I am unsure about is the procedure — where the application goes, what it costs, and how long conversion divorce ground matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to conversion divorce ground here is Hindu Marriage Act 1955, Section 13(1)(ii), Special Marriage Act 1954, Section 27(1)(b) and Indian Divorce Act 1869, Section 10. The detail below matters, because Hindu Marriage Act 1955, Section 13(1)(ii) draws the line differently depending on what your documents show.

Section 13(1)(ii) of the Hindu Marriage Act allows a spouse to seek divorce if the other party has ceased to be a Hindu by conversion to another religion, regardless of the reason for conversion.

This ground does not require proof of any wrongdoing beyond the conversion itself, since a change of personal law fundamentally alters the framework under which the marriage was solemnised.

The petitioner does not need to wait for any minimum period of separation to invoke this ground, unlike desertion which requires two years of continuous separation.

Similar provisions exist for spouses married under the Special Marriage Act 1954 under Section 27(1)(b), and for Christian spouses conversion by the other party is a recognised ground under Section 10 of the Indian Divorce Act 1869.

The converting spouse retains the right to contest the petition by disputing the fact of conversion or by raising other defences available under the applicable Act.

What to do next: 1) Collect documentary proof of the conversion such as certificates or public declarations; 2) File the divorce petition under Section 13(1)(ii) in the appropriate family court; 3) Serve notice on the respondent and be prepared for the ground to be contested; 4) Consult a lawyer to assess whether other grounds should also be pleaded together.

If you are unsure whether your facts fall inside Hindu Marriage Act 1955, Section 13(1)(ii), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.